Case: Jackson v. Novastar Mortgage, Inc.

2:06-cv-02249 | U.S. District Court for the Western District of Tennessee

Filed Date: April 28, 2006

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On April 28, 2006, an African-American homeowner represented by private counsel filed this suit in the U.S. District Court for the Western District of Tennessee against Novastar Mortgage under 42 U.S.C. §§ 1982 and 1983, the Fair Housing Act (FHA), 42 U.S.C. § 3601 et seq., and the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691. The plaintiff, acting individually and on behalf of a putative class of all protected racial groups who entered into residential mortgage loans with Novastar, s…

On April 28, 2006, an African-American homeowner represented by private counsel filed this suit in the U.S. District Court for the Western District of Tennessee against Novastar Mortgage under 42 U.S.C. §§ 1982 and 1983, the Fair Housing Act (FHA), 42 U.S.C. § 3601 et seq., and the Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691.

The plaintiff, acting individually and on behalf of a putative class of all protected racial groups who entered into residential mortgage loans with Novastar, sought injunctive relief, declaratory relief, and damages. The plaintiff claimed that Novastar discriminated against minority borrowers through predatory lending. Specifically, the plaintiff alleged that Novastar engaged in racially discriminatory conduct by targeting undereducated minorities and providing subprime loans to them with interest rates and terms dissimilar to those provided to similarly-situated white borrowers. The plaintiff further alleged that Novastar set interest rates based on the perceived financial sophistication of the borrower rather than the risk of extending the loan, and that it encouraged discriminatory conduct by offering its brokers financial incentives to secure these higher interest rates.

Novastar filed a motion to dismiss, which the District Court (Judge Bernice B. Donald) denied on December 20, 2007, holding that the plaintiff had standing to bring the suit and had sufficiently stated all of her claims. Jackson v. Novastar Mortgage, Inc., 645 F. Supp. 2d 636 (W.D. Tenn. 2007). Novastar appealed this decision to the Sixth Circuit on August 1, 2008.

Meanwhile, on September 12, 2008, one of Novastar's creditors filed an involuntary bankruptcy petition against Novastar in the U.S. Bankruptcy Court for the District of Delaware. In Re: Novastar Mortgage Inc., 1:08-BK-12125 (Bankr. Del. 2008). Under the federal bankruptcy code, the filing of a bankruptcy petition automatically stays other actions against the debtor.

Consequently, pending resolution of the bankruptcy proceeding in Delaware, the plaintiff in this case was statutorily barred from pursuing her discrimination action against Novastar. On this basis, the Sixth Circuit Court of Appeals (Judges Keith, Cole, and Cook) denied Novastar's petition, and the District Court (Judge Donald) administratively closed the case on December 23, 2008. In its order, however, the District Court emphasized that the parties could easily reopen the case upon resolution of the Delaware bankruptcy litigation. Nevertheless, as of June 15, 2015, the case remains closed, though the bankruptcy action ended in March 2009.

Summary Authors

Robert Lake (6/15/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5052940/parties/jackson-v-novastar-mortgage-inc/


Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Cook, Deborah L. (Ohio)

Donald, Bernice Bouie (Tennessee)

Keith, Damon Jerome (Michigan)

Attorneys(s) for Plaintiff

Clary, Thomas E. III (Tennessee)

Collins, Christa (Florida)

Friedman, Andrew S. (Arizona)

Harrison, Wendy J. (Arizona)

Meyer, J. Andrew (Florida)

Wade, B. J. (Tennessee)

Judge(s)

Cole, Ransey Guy Jr. (Ohio)

Cook, Deborah L. (Ohio)

Donald, Bernice Bouie (Tennessee)

Keith, Damon Jerome (Michigan)

Attorneys(s) for Plaintiff

Clary, Thomas E. III (Tennessee)

Collins, Christa (Florida)

Friedman, Andrew S. (Arizona)

Harrison, Wendy J. (Arizona)

Meyer, J. Andrew (Florida)

Wade, B. J. (Tennessee)

Attorneys(s) for Defendant

Alexander, Bruce E. (District of Columbia)

Feild, R. Porter (Tennessee)

Kider, Mitchel H (District of Columbia)

Documents in the Clearinghouse

Document

2:06-cv-02249

Docket

Dec. 2, 2010

Dec. 2, 2010

Docket
1

2:06-cv-02249

Complaint

Jackson v. Novastar Mortgage

April 28, 2006

April 28, 2006

Complaint
33

2:06-cv-02249

Order Denying Defendant's Motion to Dismiss

Sept. 27, 2007

Sept. 27, 2007

Order/Opinion
48

2:06-cv-02249

Order Granting Defendant's Motion for Reconsideration and Memorandum Opinion and Order Denying Defendant's Motion to Dismiss

645 F.Supp.2d 636

Dec. 20, 2007

Dec. 20, 2007

Order/Opinion
58

2:06-cv-02249

Order Granting Motion to Certify Order For Interlocutory Appeal

Aug. 6, 2008

Aug. 6, 2008

Order/Opinion
61

2:06-cv-02249

80-00511

Order [Denying Leave to Appeal]

Jackson v. Novastar Mortgage

U. S. Court of Appeals for the Sixth Circuit

Oct. 24, 2008

Oct. 24, 2008

Order/Opinion
62

2:06-cv-02249

Order Administratively Closing Case

Jackson v. Novastar Mortgage

Dec. 23, 2008

Dec. 23, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5052940/jackson-v-novastar-mortgage-inc/

Last updated Aug. 2, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Novastar Mortgage, Inc. (Filing fee $ 350.00) , filed by Mae Jackson. (Attachments: # 1 Civil Cover Sheet)(cas) (Entered: 05/01/2006)

April 28, 2006

April 28, 2006

Case initiation fee of $350.00 received. Receipt number M101247 (cas) (Entered: 05/02/2006)

May 1, 2006

May 1, 2006

Summons Issued as to Novastar Mortgage, Inc.. (cas) (Entered: 06/22/2006)

June 13, 2006

June 13, 2006

2

SUMMONS Returned Executed by Mae Jackson. Novastar Mortgage, Inc. served on 6/15/2006, answer due 7/5/2006. (Wade, B.) (Entered: 06/19/2006)

June 19, 2006

June 19, 2006

3

MOTION for Extension of Time to File Motion to Dismiss and for Leave to Exceed the Limit of Twenty Pages by Novastar Mortgage, Inc.. (Attachments: # 1 Memorandum in Support of Motion for Extension of Time to File Motion to Dismiss and for Leave to Exceed the Limit of Twenty Pages# 2 Certificate of Consultation)(Alexander, Bruce) (Entered: 06/30/2006)

June 30, 2006

June 30, 2006

4

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 3 MOTION for Extension of Time to File Motion to Dismiss and for Leave to Exceed the Limit of Twenty Pages filed by Novastar Mortgage, Inc., has been filed. For future reference, please note all signatures must reflect s/ atty name.. Filer is not required to resubmit document. (jml, ) (Entered: 07/05/2006)

July 5, 2006

July 5, 2006

5

ORDER Granting 3 Motion for Extension of Time to File Motion to Dismiss and for Leave to Exceed the Limit of 20 pages. NovaStar may file its motion to dismiss plaintiffs' complaint on or before 8/15/06. NovaStar's Memo in Spt may exceed 20 pages, but may not exceed 25 pages. Signed by Judge Tu M. Pham on 7/7/06. (Pham, Tu) (Entered: 07/07/2006)

July 7, 2006

July 7, 2006

6

MOTION to Dismiss Plaintiff's Complaint [proposed order submitted] by Novastar Mortgage, Inc.. (Attachments: # 1 Memorandum in Support of Motion to Dismiss# 2 Exhibit 1 to Memorandum − Uniform Residential Loan Application# 3 Exhibit 2 to Memorandum − Voluntary Petition# 4 Exhibit 3 to Memorandum − Note# 5 Exhibit 4 to Memorandum − Settlement Statement# 6 Exhibit 5 to Memorandum − Notice of Assignment, Sale, or Transfer of Servicing Rights# 7 Exhibit 6 to Memorandum − Waiver of Escrow# 8 Exhibit 7 to Memorandum − Correspondent Agreement# 9 Exhibit 8 to Memorandum − Cases# 10 Exhibit 9 to Memorandum − Plaintiff's Amended Responses to NovaStar's First Set of Interrogatories and Requests for Production of Documents)(Alexander, Bruce) (Entered: 08/15/2006)

Aug. 15, 2006

Aug. 15, 2006

7

SETTING LETTER: Scheduling Conference set for 9/14/2006 10:15 AM in Courtroom 6 − Memphis before Tu M. Pham. (bdg, ) (Entered: 08/21/2006)

Aug. 21, 2006

Aug. 21, 2006

9

MOTION for Postponement of the Rule 16 Scheduling Conference [Unopposed] [proposed order submitted] by Novastar Mortgage, Inc.. (Attachments: # 1 Memorandum in Support of Unopposed Motion for Postponement of the Rule 16 Scheduling Conference# 2 Certificate of Consultation)(Alexander, Bruce) (Entered: 09/08/2006)

Sept. 8, 2006

Sept. 8, 2006

10

ORDER Granting in Part 9 Motion for Postponement of Rule 16 Scheduling Conference. The Scheduling Conference is postponed until 11/16/06 at 9:30 and discovery in this action is stayed until further order of the Court. Signed by Judge Tu M. Pham on 9/12/06. (Pham, Tu) Modified on 9/12/2006 (wmw, ). (Entered: 09/12/2006)

Sept. 12, 2006

Sept. 12, 2006

Set Deadlines/Hearings: Scheduling Conference set for 11/16/2006 09:30 AM before Bernice B. Donald. (jml, ) (Entered: 09/13/2006)

Sept. 12, 2006

Sept. 12, 2006

11

MOTION for Leave to File Excess Pages proposed order submitted by Mae Jackson. (Attachments: # 1 Certificate of Consultation)(Wade, B.) (Entered: 10/04/2006)

Oct. 4, 2006

Oct. 4, 2006

13

MOTION for Leave to Appear Pro Hac Vice by Mae Jackson as to Wendy Harrison. Proposed order submitted. (Attachments: # 1 Certificate of Good Standng# 2 Certificate of Consultation# 3 Declaration)*FILNG FEE HAS BEEN PAID*...(jml, ) (Entered: 10/12/2006)

Oct. 5, 2006

Oct. 5, 2006

12

MOTION for Leave to File Excess Pages proposed order previously submitted by Mae Jackson. (Attachments: # 1 Certificate of Consultation)(Wade, B.) (Entered: 10/10/2006)

Oct. 10, 2006

Oct. 10, 2006

14

MOTION for Leave to Appear Pro Hac Vice by Mae Jackson. Proposed Order Submitted. (Attachments: # 1 Certificate of Good Standing# 2 Certificate of Consultation# 3 Declaration)*FILING FEE HAS BEEN PAID*....(jml, ) (Entered: 10/13/2006)

Oct. 12, 2006

Oct. 12, 2006

15

ORDER granting 14 Motion of Andrew S. Friedman for Leave to Appear Pro Hac Vice . Signed by Judge Bernice B. Donald on 10/16/2006. (Donald, Bernice) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

16

ORDER granting 13 Motion of B.J. Wade requesting admission of Wendy J. Harrison Pro Hac Vice . Signed by Judge Bernice B. Donald on 10/16/2006. (Donald, Bernice) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

17

RESPONSE in Opposition re 6 MOTION to Dismiss Plaintiff's Complaint [proposed order submitted] filed by Mae Jackson. (Attachments: # 1 Affidavit Tom Clary# 2 Exhibit A − Clary Affidavit# 3 Exhibit B − Affidavit − Clary# 4 Exhibit C − Affidavit − Clary# 5 Exhibit 2# 6 Exhibit 3# 7 Exhibit 4# 8 Exhibit 5# 9 Exhibit 6# 10 Exhibit 7)(Wade, B.) (Entered: 10/16/2006)

Oct. 16, 2006

Oct. 16, 2006

18

MOTION for Protective Order by Novastar Mortgage, Inc.. (Alexander, Bruce) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

19

MOTION for Protective Order Memorandum in Support of by Novastar Mortgage, Inc.. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Alexander, Bruce) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

20

NOTICE by Novastar Mortgage, Inc. re 18 MOTION for Protective Order Certificate of Consultation (Alexander, Bruce) (Entered: 11/06/2006)

Nov. 6, 2006

Nov. 6, 2006

21

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 20 Notice (Other) filed by Novastar Mortgage, Inc.,, 19 MOTION for Protective Order Memorandum in Support of filed by Novastar Mortgage, Inc., has been filed. For future reference, please note that document #19 was submitted as a motion, although it is a memoranadum in support of document #18. Also, #19 and #20 should have been submitted as an attached document to the motion receiving only one docket entry number. #19 and will be termed. For questions please call 901−495−1505.. Filer is not required to resubmit document. (jml, ) (Entered: 11/08/2006)

Nov. 8, 2006

Nov. 8, 2006

22

MOTION for Leave to File A Reply Brief in Support of Its Motion to Dismiss Plaintiff's Complaint by Novastar Mortgage, Inc.. (Attachments: # 1 Exhibit Memorandum in Support of Its Motion to Dismiss Plaintiff's Complaint (Exh A)# 2 Exhibit to Memorandum in Support of Its Motion to Dismiss Plaintiff's Complaint (Exh 1)# 3 Exhibit to Memorandum in Support of Its Motion to Dismiss Plaintiff's Complaint (Exh 2)# 4 Exhibit to Memorandum in Support of Its Motion to Dismiss Plaintiff's Complaint (Exh 3)# 5 Memorandum In Support of Its Motion For Leave to File a Reply Brief)(Alexander, Bruce) (Entered: 11/10/2006)

Nov. 10, 2006

Nov. 10, 2006

23

CERTIFICATE of Counsel re 22 MOTION for Leave to File A Reply Brief in Support of Its Motion to Dismiss Plaintiff's Complaint by Bruce E. Alexander on behalf of Novastar Mortgage, Inc. (Alexander, Bruce) (Entered: 11/10/2006)

Nov. 10, 2006

Nov. 10, 2006

24

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 23 Certificate of Counsel filed by Novastar Mortgage, Inc., has been filed. For future reference, please note that the certificate of consultation should have been submitted as an attached document to the motion receiving only one docket entry number.. Filer is not required to resubmit document. (jml, ) (Entered: 11/15/2006)

Nov. 15, 2006

Nov. 15, 2006

25

Minute Entry for proceedings held before Judge Tu M. Pham : the parties pursuant to dft's motion for protective order jointly asked the court to stay all discovery until such time that the court decides the pending motion to dismiss. For good cause shown, the motion is granted. The parties shall contact the magistrate judge after the court decides the motion to dismiss to set the case for a sched conf, if necessary. Motion terminated: 18 (Tape #FTR.) (wmw, ) (Entered: 11/16/2006)

Nov. 16, 2006

Nov. 16, 2006

26

ORDER granting 12 Motion for Leave to File Excess Pages. Signed by Judge Bernice B. Donald on 11/20/2006. (Donald, Bernice) (Entered: 11/22/2006)

Nov. 20, 2006

Nov. 20, 2006

27

(TEXT ONLY) − ORDER GRANTED (18) Motion for Protective Order. Signed by Judge Tu M. Pham on 11/28/06. (Pham, Tu) (Entered: 11/28/2006)

Nov. 28, 2006

Nov. 28, 2006

28

PROTECTIVE ORDER. The parties shall contact the Magistrate Judge after the court decides the motion to dismiss to set the case for a scheduling conference, if necessary. Signed by Judge Tu M. Pham on 12/1/06. (Pham, Tu) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

29

NOTICE by Mae Jackson re 17 Response in Opposition to Motion, Notice of Recent Events Relative to Plaintiff's Opposition to NovaStar's Motion to Dismiss (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Clary, Thomas) (Entered: 12/01/2006)

Dec. 1, 2006

Dec. 1, 2006

30

NOTICE by Novastar Mortgage, Inc. Objection to Plaintiff's Notive of Recent Events (Attachments: # 1 Tab 1 to Objection to Plaintiff's Notice of Recent Events# 2 Tab 2 to Objection to Plaintiff's Notice of Recent Events# 3 Tab 3 to Objection to Plaintiff's Notice of Recent Events)(Alexander, Bruce) (Entered: 12/14/2006)

Dec. 14, 2006

Dec. 14, 2006

Motions No Longer Referred: 8 MOTION for Extension of Time to File Response/Reply as to 6 MOTION to Dismiss Plaintiff's Complaint [proposed order submittedproposed order submitted per Magistrate Judge Chambers motion removed from Magistrate Report (vlg ) (Entered: 02/23/2007)

Feb. 23, 2007

Feb. 23, 2007

31

ORDER Granting 8 Motion for Extension of Time to File Response/Reply to Defendant's 6 Motion to Dismiss. Responses due by 10/16/2006. Signed by Judge Bernice B. Donald on 07/31/07. (Donald, Bernice) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

32

ORDER Granting Defendant's 22 Motion for Leave to File a Reply Brief in Support of its Motion to Dismiss. Reply due by 08/10/07. Signed by Judge Bernice B. Donald on 07/31/07. (Donald, Bernice) (Entered: 07/31/2007)

July 31, 2007

July 31, 2007

33

ORDER denying 6 Motion to Dismiss. Signed by Judge Bernice B. Donald on 09/27/2007. (Donald, Bernice) (Entered: 09/27/2007)

Sept. 27, 2007

Sept. 27, 2007

35

MOTION for Reconsideration re 33 Order on Motion to Dismiss proposed order submitted by Novastar Mortgage, Inc.. (Attachments: # 1 attachment)(Feild, R.) (Entered: 10/15/2007)

Oct. 15, 2007

Oct. 15, 2007

36

MOTION to Extend Deadline proposed order submitted by Novastar Mortgage, Inc.. (Attachments: # 1 Certificate of Consultation)(Feild, R.) (Entered: 10/17/2007)

Oct. 17, 2007

Oct. 17, 2007

37

ORDER (TEXT ORDER ONLY − NO IMAGE ATTACHED) re 36 MOTION to Extend Deadline. Before the court is defendant's October 17 motion to continue the scheduling conference, which is currently set for October 25, 2007. The certificate of consultation states that plaintiff opposes the motion. The court will conduct a telephone hearing on the motion on October 25 at the previously set time for the scheduling conference. Counsel for defendant shall initiate the conference call. Signed by Magistrate Judge Tu M. Pham on 10/18/07. (Pham, Tu) (Entered: 10/18/2007)

Oct. 18, 2007

Oct. 18, 2007

38

ORDER denying 35 Motion for Reconsideration. Signed by Judge Bernice B. Donald on 10/23/07.(Donald, Bernice) (Entered: 10/23/2007)

Oct. 23, 2007

Oct. 23, 2007

39

SETTING LETTER:Telephonic Scheduling Conference reset for 11/15/2007 09:45 AM before Magistrate Judge Tu M. Pham. (wmw, ) (Entered: 10/24/2007)

Oct. 24, 2007

Oct. 24, 2007

40

NOTICE of Appearance by Thomas E. Clary, III on behalf of Mae Jackson (Clary, Thomas) (Entered: 10/29/2007)

Oct. 29, 2007

Oct. 29, 2007

41

ANSWER to Complaint, COUNTERCLAIM against Mae Jackson by Novastar Mortgage, Inc..(Alexander, Bruce) (Entered: 11/06/2007)

Nov. 6, 2007

Nov. 6, 2007

42

Minute Entry for proceedings held before Magistrate Judge Tu M. Pham : Status/Sched Conference held on 11/15/2007. Parties submitted agreed scheduling order. Mr. Alexander stated that he believes it would be appropriate for the parties to limit their initial discovery to plt Jackson's claims and for the court to determine whether Ms Jackson should be class representative before the parties engage in any class discovery. The court directed Mr. Alexander to file a motion regarding his request for phase discovery. Attys present in courtroom: B.J. Wade &R. Feild; Attys via telephone: B. Alexander &J. Andrew Meyer (Tape #FTR.) (wmw, ) (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

43

SCHEDULING ORDER: Plaintiff's Amended Pleadings due by 9/24/2008. Defendant's Amended Pleadings due 10/24/08. Discovery due by 1/23/2009. Plaintiff's Joinder of Parties due by 9/24/2008. Defendant's Joinder of Parties due 10/24/08. Dispositive Motions due by 3/23/2009. Jury trial expected to last seven (7) days. Signed by Magistrate Judge Tu M. Pham on 11/15/07. (Pham, Tu) Modified on 11/27/2007 (wmw, ). (Entered: 11/15/2007)

Nov. 15, 2007

Nov. 15, 2007

NOTICE: Scheduling Order 43 modified to reflect correct Plaintiff's Joinder of Parties due due date of 9/24/2008 (wmw, ) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

44

ORDER re 43 Amending Scheduling Order. Deposition of rebuttal experts shall be completed by 1/15/09. (TEXT ORDER ONLY − NO IMAGE ATTACHED). Signed by Magistrate Judge Tu M. Pham on 11/27/07. (Pham, Tu) (Entered: 11/27/2007)

Nov. 27, 2007

Nov. 27, 2007

Set Deadlines/Hearings: Joinder of Parties due by 9/24/2008 per notice. (jml, ) (Entered: 12/03/2007)

Nov. 27, 2007

Nov. 27, 2007

45

Plaintiff's ANSWER to Counterclaim of Novastar by Mae Jackson.(Wade, B.) (Entered: 11/29/2007)

Nov. 29, 2007

Nov. 29, 2007

46

MOTION for Leave to Appear Pro Hac Vice as to J Andrew Meyer by Mae Jackson....PROPOSED ORDER SUBMITTED.... (Attachments: # 1 Certificate of Consultation # 2 Declaration# 3 Filing Fee Paid)(jml, ) (Entered: 12/11/2007)

Dec. 7, 2007

Dec. 7, 2007

49

Joint MOTION to Extend Deadline JOINT MOTION AND ORDER TO EXTEND SCHEDULING ORDER Proposed Order Submitted by Mae Jackson. (Attachments: # 1 Exhibit A − PROPOSED AMENDED RULE 16(b) SCHEDULING ORDER)(Meyer, J.) (Entered: 03/03/2008)

March 3, 2008

March 3, 2008

50

ORDER granting 49 Motion to Extend Deadline. Signed by Judge Bernice B. Donald on 03/04/2008. (Donald, Bernice) (Entered: 03/04/2008)

March 4, 2008

March 4, 2008

51

SETTING LETTER: Jury Trial set for 9/21/2009 09:00 AM in Courtroom 3 − Memphis before Judge Bernice B. Donald; Pretrial Conference set for 8/24/2009 08:45 AM in Courtroom 3 − Memphis before Judge Bernice B. Donald; Proposed Joint Pretrial Order due by 8/17/2009.(tlh, ) (Entered: 03/04/2008)

March 4, 2008

March 4, 2008

Set/Reset Deadlines: Proposed Pretrial Order due by 8/17/2009. (tlh, ) (Entered: 03/04/2008)

March 4, 2008

March 4, 2008

Set Deadlines/Hearings: Amended Pleadings due by 1/20/2009 for Defendant. Joinder of Parties due by 1/20/2009 for Defendant. Discovery due by 4/24/2009. Dispositive Motions due by 6/12/2009 per #50. (jml, ) (Entered: 03/10/2008)

March 4, 2008

March 4, 2008

52

COURTESY NOTICE: Pursuant to Rule 5 of the Federal Rules of Civil Procedure, document 49 Joint MOTION to Extend Deadline JOINT MOTION AND ORDER TO EXTEND SCHEDULING ORDER Proposed Order Submitted filed by Mae Jackson has been filed. For future reference, please note the orders are only to be submitted to the Judge's email only(it is not necessary to submit as an ecf filing). Also this motion also requires a certificate of service page as well. Althoulgh the order has been granted, you will need to go under the notice other category then in the drop down box select 'notice of correction' and enter the certificate of service page only. Thanks and if you have questions please call 901−495−1505.. Filer is not required to resubmit document. (jml, ) (Entered: 03/10/2008)

March 10, 2008

March 10, 2008

53

MOTION to Certify Order for Interlocutory Appeal and Request for Hearing by Novastar Mortgage, Inc.. (Attachments: # 1 Certificate of Consultation)(Alexander, Bruce) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

54

MEMORANDUM in Support re 53 MOTION to Certify Order for Interlocutory Appeal and Request for Hearing filed by Novastar Mortgage, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3−4, # 4 Exhibit 5, # 5 Exhibit 6−7)(Alexander, Bruce) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

55

Joint MOTION for Suspension of the Scheduling Order and Setting of Status/Scheduling Conference by Novastar Mortgage, Inc.. (Attachments: # 1 Certificate of Consultation)(Alexander, Bruce) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

56

MEMORANDUM in Support re 55 Joint MOTION for Suspension of the Scheduling Order and Setting of Status/Scheduling Conference filed by Novastar Mortgage, Inc.. (Alexander, Bruce) (Entered: 08/01/2008)

Aug. 1, 2008

Aug. 1, 2008

57

Notice of Correction to 55 Joint MOTION for Suspension of the Scheduling Order and Setting of Status/Scheduling Conference Certificate of Service . (Alexander, Bruce) (Entered: 08/04/2008)

Aug. 4, 2008

Aug. 4, 2008

58

ORDER granting 53 Motion to Certify Order for Interlocutory Appeal. Signed by Judge Bernice B. Donald on 8/6/08. (Donald, Bernice) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

59

ORDER granting 55 Motion SUSPENSION OF THE SCHEDULING ORDER AND SETTING STATUS/ SCHELDULING CONFERENCE. Signed by Judge Bernice B. Donald on 8/6/08. (Donald, Bernice) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

Set Deadlines/Hearings: Status Conference set for 9/5/2008 09:00 AM before Judge Bernice B. Donald per #59. (jml) (Entered: 08/06/2008)

Aug. 6, 2008

Aug. 6, 2008

61

Letter from Court of Appeals (vjm) (Entered: 10/27/2008)

Oct. 27, 2008

Oct. 27, 2008

62

ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge Bernice B. Donald on 12/23/08.(Donald, Bernice) (Entered: 12/23/2008)

Dec. 23, 2008

Dec. 23, 2008

63

NOTICE by Mae Jackson of Attorneys' Lien on Plaintiff Willie Mae Jackson's and/or Class Recovery (Glassman, Richard) (Entered: 12/02/2010)

Dec. 2, 2010

Dec. 2, 2010

48

ORDER granting Defendant's motion for reconsideration and Memorandum Opinion and Order Denying Defendant's Motion to Dismiss 6 . Signed by Judge Bernice B. Donald on 12/20/2007. (Donald, Bernice)

Dec. 20, 2007

Dec. 20, 2007

RECAP

Case Details

State / Territory: Tennessee

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 28, 2006

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

African-American homeowner, individually and on behalf of a putative class of similarly-situated borrowers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Novastar Mortgage, Inc. , Private Entity/Person

Defendant Type(s):

Bank or credit provider

Case Details

Causes of Action:

42 U.S.C. § 1981

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

42 U.S.C. § 1982

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Disparate Impact

Disparate Treatment

Housing

Pattern or Practice

Predatory lending

Discrimination-area:

Lending

Discrimination-basis:

Race discrimination

Race:

Black